Bill Text: TX HB2178 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the emergency installation and use of a mobile tracking device on a vehicle by an authorized peace officer.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-04-08 - Left pending in committee [HB2178 Detail]
Download: Texas-2025-HB2178-Introduced.html
| 89R8989 JCG-F | ||
| By: Harless | H.B. No. 2178 | |
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| relating to the emergency installation and use of a mobile tracking | ||
| device on a vehicle by an authorized peace officer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 18B, Code of Criminal | ||
| Procedure, is amended by adding Article 18B.2055 to read as | ||
| follows: | ||
| Art. 18B.2055. EMERGENCY INSTALLATION AND USE OF MOBILE | ||
| TRACKING DEVICE ON VEHICLE. (a) An authorized peace officer may | ||
| install and use a mobile tracking device on a vehicle without | ||
| obtaining an order under this subchapter if: | ||
| (1) the peace officer has probable cause to believe | ||
| that the vehicle to which, in which, or on which the mobile tracking | ||
| device is to be attached, placed, or otherwise installed is being | ||
| used in the commission of an offense: | ||
| (A) listed in Article 42A.054; or | ||
| (B) under Section 38.04 or 38.06, Penal Code, | ||
| that is punishable as a felony; and | ||
| (2) the installation and use of the mobile tracking | ||
| device without first obtaining an order under this subchapter is | ||
| necessary to prevent: | ||
| (A) the impairment of a criminal investigation; | ||
| (B) the damage or destruction of property; | ||
| (C) the death of or bodily injury to a person; or | ||
| (D) the escape of a person who is a fugitive from | ||
| justice for a felony. | ||
| (b) Not later than 72 hours after the time the mobile | ||
| tracking device is attached, placed, or otherwise installed on the | ||
| vehicle, the authorized peace officer shall obtain an order under | ||
| this subchapter from a district judge with jurisdiction over the | ||
| site of the vehicle the movement of which is being tracked by the | ||
| device. An application for an order required by this subsection | ||
| must provide one or more reasons as prescribed by Subsection (a)(2) | ||
| for the necessity of installing and using a mobile tracking device | ||
| without first obtaining an order under this subchapter. | ||
| (c) The authorized peace officer may designate another | ||
| authorized peace officer to obtain the order under Subsection (b) | ||
| on behalf of the authorized peace officer who attached, placed, or | ||
| otherwise installed the mobile tracking device. | ||
| (d) The judge may issue an order authorizing the | ||
| installation and use of the mobile tracking device during the | ||
| 72-hour period prescribed by Subsection (b) if the judge finds | ||
| that: | ||
| (1) the vehicle is being used for the commission of an | ||
| offense described by Subsection (a)(1); and | ||
| (2) the installation and use of the mobile tracking | ||
| device without first obtaining an order under this subchapter was | ||
| necessary for a reason prescribed by Subsection (a)(2). | ||
| (e) If the application for the order is denied or the order | ||
| is not issued within the 72-hour period prescribed by Subsection | ||
| (b): | ||
| (1) the authorized peace officer shall terminate the | ||
| use of the mobile tracking device on the earlier of the denial of | ||
| the application or the expiration of the 72-hour period; and | ||
| (2) the state may not use as evidence in a criminal | ||
| proceeding any information obtained through the use of the mobile | ||
| tracking device. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| the installation and use of a mobile tracking device by an | ||
| authorized peace officer on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
